Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-01-18
FIRST ROUND In COURT
IMPROVES THE POSITION OF THE
INDIANA DEMOCRACY.

ANTtS bttluts All tiic III
Favor of Chairman Smith-An Appeal
to the Supreme Court Immediately
Taken-A Republican Senator Set on
Against Meaghel-Other Political News
indianapolis, Ind, Jan. 1S.-Judge
Ayres, of the circuit court Monday morning
sustained the motion of Green Smith, presi-
dent pro tenn. of the senate, for an injunc-
ton restraining Lieutenant Governor Rob
ertson from attempting to usurp the func-
tions OF the Plaintiff The decision is favor
able TO the Democratic plaintiffs all along
the line, the court holding that he had juris-
diction, overruiing the motion for the con-
tinuance, and taking the view that the cleo
ton of Robertson was invalid and unconsti-
tutional, and therefore he defendant had no
right to preside over the joint convention on
Wednesday for the election Of United States
senator. After quoting the provisions of the
constitution the judge says that there is no
provision in that instrument for the filling of
a vacancy in the office of governor or lieu
tenant governor that could legally have held
in November last, the constitution providing
that 1.-THE official term of the governor and
lieutenant governor shall commence on the
second Monday in January, 1873, and every
fourth year thereafter and that ''the legis-
lature shall provide for the case of the
death, resignation or inability, both of
the governor and lieutenant governor
Lieutenant Governor Robinson has appealed
to the supreme court, and although the
judges are alb ent in recess, they were called
together by telegraph and will sit at once to
hear the argument. An effort will be made
to get a decision before the joint convention,
which sits Wednesday The promised devel-
opnents of the next two days, in keeping
with former dispatches, will probably lead
TO two joint conventions the election of Tur-
pie by one and Harrison by the other, with
the object of having the title TO the seat set
! tied by the United States senate.
Judge Robertson said that he had not de-
termined what course hs would pursue in the
event the supreme court affirmed the order
| of Judge Ayres, or failed to take action be-
fore Wednesday The matter was still under
consideration, and the bridge would not bs
crossed until it was reached. From good Re-
publican authority it is learned that it has
| been about decided that Col. Robertson shall
make no attempt to preside over the joint
convention on Wednesday unless the order of
Judge AyreS is rescinded by the supreme
court. In this case Speaker Sayre will pre-
| side, as it is competent for him to do it under
the law, but Col Robertson will sign the
record in thecapacify OF lieutenant governor,
and brave the displeasura Of the court. The
| action of Judge Ayres has changed the situa-
| ton to a considerable extent The Demo
Gratis are jubilant
The Democrats of the senate unseated W
n. Mcdonald, Republican, Monday after
noon, on the report of three OF the committee
on elections. Ths minority said it would
not bs ready to present report until Tues
day morning, but the majority Of the senate
| refused to wait. AMI without discussion
adopted the report finding Mcdonald guilty
| of bribery. Brannslan. the confession, was
seated, although the contesteo tried TO intro
| duce testimony that he bought votes aud
used money illigitimate!y in the election.
| A resolution was introduced ref .rring in
condemnatory terms u til, ulseltiny Of
Meagher in the housA and proposing q joint
committee of the two houses TO arrange
modus vivendi whereby the buiness of the
session shall go on uuinterrupselly. Some
of the Republicans were ahOu, to vote for it,
when attention was called 10 the Meashsr
| tldtASc anu they AbIlsiflEAl IL ltapsutlth
was afterward amended by dropping that
clause and then it was plsssi, two Repub-
lican voting ave.
In the house Jewelt, Democrat. asked
unanimous consent to introduce aconcurrent
resolution declaring 1t TO be the sense of the
general assembly that the Smith Robertson
case should be carried to the supreme court,
| so that a decision could be obtained by
| Wednesday noon if possible. Consent was
refused, and Jewett novel TO suspend the
rules and take up the resolution The me-
ton was defeated, one knpublican- Rev-
nolds, of Wayne-votin- with tine Demo
Gratis in the affirmative
A new candidate has been presented in the
person Of jason B. Allen, who 1t Is said. will
receive four votes in the house. Allen Is q
druggist at Terre Haute. formerly a Green
hacker, and now an active Knight Of Labor,
and was selected for senatorial honors at
a caucus Monday night of the third party,
attended by Robinson, who had been classi,
fed as a Democrat, and Gates, Glover and
Mackay, who have been classified a. Repub-
leans They have pledged their votes tt
Allen, and if they keep their pledges dead
lock will be produced which Is likely to con,
tjnue for an indefinite period